http://www.legislation.gov.uk/ssi/2011/57/part/3The Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011texttext/xmlenStatute Law DatabaseENVIRONMENTAL PROTECTIONLICENSING (MARINE)2024-05-15Expert Participation2020-12-31 This Order specifies activities which are not to need a marine licence, or not to need a marine licence if conditions specified in the Order are satisfied. It applies to activities within the Scottish offshore region (within the meaning of section 322(1) of the Marine and Coastal Access Act 2009) in respect of which the Scottish Ministers are the marine licensing authority. Activities in that region in respect of which the Scottish Ministers are not the licensing authority are specified in section 113(3) of the 2009 Act. PART 36In this Part—aa reference to a “deposit” is a reference to a deposit falling within item 1 (deposits within UK marine licensing area), 3 (deposits from vehicle, vessel etc. loaded in UK marine licensing area) or, except as otherwise provided, 10 (deposit of explosives within UK marine licensing area);ba reference to a “dredging activity” is a reference to an activity falling within item 9 (dredging within UK marine licensing area);ca reference to a “removal activity” is , except as otherwise provided, a reference to an activity falling within item 8 (use of vehicle, vessel etc. to remove substance or object from sea bed within UK marine licensing area);da reference to a “works activity” is a reference to an activity falling within item 7 (construction, alteration or improvement of works within UK marine licensing area).7This article applies to an activity carried on—aby or on behalf of the Secretary of State in exercise of a power under Schedule 3A to the Merchant Shipping Act 1995 (safety directions);bby any person for the purpose of complying with a direction under that Schedule; orcby any person for the purpose of avoiding interference with action taken by virtue of that Schedule.8This article applies to an activity carried on, in the course of a salvage operation, for the purpose of ensuring the safety of a vessel or preventing pollution.9This article applies to an activity carried on for the purpose of fighting, or preventing the spread of, any fire.10This article applies to a deposit or removal activity carried on for the purpose of recovering any substance or object as part of an investigation into any accident involving an aircraft.111This article applies—ato the deposit of fishing gear during the course of a fishing operation;bto the deposit by way of return to the sea—iof any fish during the course of a fishing operation; oriiof any other object during the course of a fishing operation,provided that the fish or other object has not been landed before being so returned;cto the deposit by way of return to the sea of any fish during the course of fish processing at sea.2This article does not apply—ato a deposit of fishing gear made for the purpose of disposal;bexcept in the case of a deposit falling within paragraph (1)(b)(ii), to a deposit to the extent that it falls within item 10.12This article applies—ato a removal activity carried on for the purpose of removing fishing gear in the course of a fishing operation;bto a dredging activity carried on in the course of any fishing operation.131This article applies to the deposit of any—amarine chemical treatment substance;bmarine oil treatment substance;cmarine surface fouling cleaner.2This article is subject to conditions 1 to 4.3Condition 1 is that the substance must be one the use of which is for the time being approved for the purposes of this Order by the Scottish Ministers.4Condition 2 is that the substance must be used in accordance with any conditions to which the approval is subject.5Condition 3 is that no deposit must be made in an area of the sea of a depth of less than 20 metres or within one nautical mile of any such area except with the approval of the Scottish Ministers.5ACondition 4 is that no deposit of any substance may be made below the surface of the sea except with the approval of the Scottish Ministers.6In paragraph (1)—a“marine chemical treatment substance” and “marine oil treatment substance” have the same meaning as in section 107(2) of the Act;b“marine surface fouling cleaner” means any substance used or intended to be used for removing surface fouling matter from the surface of the sea or of the sea bed.141This article applies to the deposit of any equipment for the purpose of controlling, containing or recovering any—aoil;bmixture containing oil;cchemical;dflotsam; orealgal bloom.2This article does not apply to a deposit to the extent that it falls within item 10.151This article applies—ato the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;bto the deposit of any reagent or any chemical or particle tracer.2In the case of the deposit of any reagent or chemical or particle tracer, this article is subject to the condition that the use of the reagent or the chemical or particle tracer must be for the time being approved for the purposes of this Order by the Scottish Ministers.3This article does not apply to—aa deposit made for the purpose of disposal;ba deposit that causes or is likely to cause obstruction or danger to navigation;ca deposit—ithat falls within sub-paragraph  (a) or (b) of paragraph (4); andiithat is not directly connected with or necessary to the management of the site or area referred to in that sub-paragraph.4A deposit falls within this paragraph if—ait is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; orbit is capable of affecting (other than insignificantly)—ithe protected features of an MPA;iiany ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.5In paragraph (4)(a), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.161This article applies to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in article 15(1)(a).2This article does not apply to such an activity—athat falls within sub-paragraph (a), (b) or (c) of paragraph (3); andbthat is not directly connected with or necessary to the management of the site or area referred to in that sub-paragraph.3Such an activity falls within this paragraph if—ait is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; orbit is capable of affecting (other than insignificantly)—ithe protected features of an MPA;iiany ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.4In paragraph (4)(a), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.16A1This article applies to a removal activity carried on for the purpose of removing any object from the seabed which has been accidentally deposited there.2This article is subject to conditions 1 and 2.3Condition 1 is that notice of the activity must be given, in writing, to the Scottish Ministers no later than 3 months from the date of commencement of the removal activity.4Condition 2 is that the object to be removed from the seabed has been deposited there for less than one year before the removal activity is commenced.5This article does not apply to an activity where—ait causes, or is likely to cause, obstruction or danger to navigation;bit is a plan or project that is likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; orcit is capable of affecting (other than insignificantly)—ithe protected features of an MPA; oriiany ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.6A reference to a “removal activity” in this article does not include the use of an aircraft, marine structure or floating container to remove the object from the seabed.7In paragraph (5)(b), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.16B1This article applies to a removal activity carried on for the purpose of sediment sampling.2This article is subject to the condition that notice of the intention to carry on the activity must be given, in writing, to the Scottish Ministers before the activity is commenced.3This article does not apply to an activity where—athe volume of sediment removed is more than 1 cubic metre;bit causes, or is likely to cause, obstruction or danger to navigation;cit is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; ordit is capable of affecting (other than insignificantly)—ithe protected features of an MPA; oriiany ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.4In paragraph (3)(c), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.17This article applies—ato the deposit, on the site of dredging for aggregates or other minerals, of any substance or object taken from the sea in the course of such dredging (other than any of the aggregates or minerals being dredged);bto the deposit of waters (whether by overflow or pumped discharge) from the hold of a vessel—iin the normal course of dredging for aggregates or other minerals; oriiat the site of such dredging following its completion or during the return journey of the vessel.181This article applies to a deposit from a vehicle, vessel, aircraft or marine structure in the course of its normal navigation or maintenance.2This article does not apply to a deposit—amade for the purpose of disposal;bto the extent that it falls within item 10.19This article applies to a removal activity carried on by or on behalf of a lighthouse authority for the purpose of removing anything causing or likely to cause obstruction or danger to navigation.201This article applies to a deposit or works activity carried on by—aa lighthouse authority; orbany other person in accordance with the approval or consent of any such authority,for the purpose of providing a pile mooring, swinging mooring or aid to navigation.2This article does not apply—ato the deposit of a pontoon;bto the construction of a pontoon.21This article applies to a removal activity carried on for the purpose of removing a mooring or aid to navigation referred to in article 20(1).22This article applies to the deposit or use of any distress flare, smoke float or similar pyrotechnic substance or object for the purpose of—asecuring the safety of a vessel, aircraft or marine structure;bsaving life; orctraining for any purpose referred to in paragraph (a) or (b).231This article applies to a deposit, removal activity or dredging activity carried on for the purpose of executing emergency inspection or repair works to any cable or pipeline.2This article is subject to the condition that the activity may only be carried on in accordance with an approval granted by the Scottish Ministers for that purpose.3This article does not apply to any such deposit falling within item 10.241This article applies to an activity to the extent that it is carried on in exercise of a right under rules of international law, by or in relation to—aa third country vessel;ba warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service (whether or not the warship, naval auxiliary or other vessel is a third country vessel).2In this article, “third country vessel” means a vessel which—ais flying the flag of, or is registered in, any State or territory other than the United Kingdom; andbis not registered in the United Kingdom.25This article applies—ato an activity carried on in the Scottish inshore region; orbto the loading of a vehicle, vessel, aircraft, marine structure or floating container with any substance or object for incineration in the Scottish inshore region.1995 c.21; section 108A, which gives effect to Schedule 3A, was inserted by section 1(1) of the Marine Safety Act 2003 (c.16).Arts. 16A, 16B inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 13Words in art. 6(c) inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 10Art. 13(5A) inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 11(b)Word in art. 13(2) substituted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 11(a)Words in art. 15(3)(c)(i) substituted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 12Words in art. 24(2)(a) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in art. 24(2)(b) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)